JavaScript is disabled for your browser. Some features of this site may not work without it.

Control of mergers between newspaper enterprises under South African and German competition law

Janka, Sebastian Felix (2005-12)

Thesis (LLM)--University of Stellenbosch, 2005.

Thesis

ENGLISH ABSTRACT: This thesis compares South African and German Competition Law. The focus is the control
of mergers between newspaper enterprises. It has to be asked whether special rules
should apply to transactions in this field, considering the importance of an unconcentrated,
competitive press from an economic and political point of view. It will be shown that South
African and German Competition Law are similar in many respects. Both legal systems
follow a flexible, primarily economic approach to the consideration of proposed transactions,
taking into account a plurality of factors to determine potential detrimental effects of
mergers on competition. Moreover, pro-competitive gains and public interest issues are
recognised under South African and German law. When it comes to the control of mergers
between newspaper enterprises, though, the two legal systems diverge. Only under German
Competition Law, are there specific provisions for press mergers. In view of a recently
proposed amendment of the German Competition Law, the appropriate form of regulation
that is likely to guarantee a free press, will be investigated. It will also be analysed,
whether there is a specific need for press regulation in the South African context. Even
though there are no special provisions under South African Competition Law, the South
African Constitution leaves space for a broader understanding of the freedom of the press.
Hence, it will be examined if the South African Constitution obliges the state to enact particular
laws to protect press-plurality. Moreover, it will be analysed if the South African
Competition Act should be interpreted in a manner that would promote plurality of the
press. In the view of the eminent role of the press for a democratic society, it will be argued
in this thesis, that there is a particular need for media regulation. Notably the significant
levels of concentration in both German and South African press markets raise concerns
as regards the protection of a free and pluralistic press. It will be shown that there
are different foreign approaches to maintaining and promoting freedom of the press and it
will be suggested that South Africa recognises a need for more press-specific regulation in
the future.